POONAM SRIVASTAVA,J. - (1.) HEARD Sri Prakash Gupta and Sri Ashish Gupta, learned counsels for the petitioners and Smt. Anita Tripathi Advocate for the contesting respondents.
(2.) THE challenge in the instant writ petition are judgment and order of the Judge Small Causes Court, Agra dated 17.11.2007 and the revisional Court dated 21.7.2009. The next prayer is for a direction in the nature of mandamus to the Courts below to treat the compromise dated 30.8.2007 entered between Smt. Kalpana Nagar and petitioners as valid and satisfying the execution proceedings. The basis of the dispute is that S.C.C. Suit No. 343 of 1979 was instituted by Late Sri. R.P. Nagar on behalf of Shri Thakur Madan Mohan Ji Maharaj Trust Gokulpura, Agra (hereinafter referred as the Trust) for ejectment and arrears of rent. The suit was decreed by the Judge Small Causes Court and thereafter S.C.C. Revision No. 41 of 1985 was preferred. The revision was also dismissed. Subsequent thereto, the petitioners filed Writ Petition No. 23654 of 1991. During pendency of the writ petition, the original plaintiff Sri R.P. Nagar died and Smt. Kalpana Nagar was impleaded as a party. She has been arrayed as respondent No. 2 in that writ petition as trustee. One Sri Jagdish Prasad Sharma filed an impleadment application as Secretary of the Trust in the aforesaid writ petition.
(3.) IT is submitted by learned counsel for the petitioners that this Court left the question of impleadment of Sri Jagdish Prasad Sharma to be considered at the time of final hearing of the writ petition. However, the writ petition was dismissed on 23.3.2007. The judgment dated 23.3.2007 isAnnexure-3 to the writ petition. While dismissing the writ petition, this Court directed that the premises in dispute shall be vacated within a period of 30 days from the date of judgment and in the event of failing to handover vacant possession, damages for the use and occupation of the accommodation in question was fixed at the rate of Rs. 8,000/- per month till the date of actual vacation of the premises in question. Execution Case No. 196 of 1996 in O.S. No. 343 of 1979 was instituted. An objection along with preliminary objection 8-Ga as well as an affidavit 9-Ga under Section 47, C.P.C. was filed to which counter and rejoinder affidavits were exchanged. The objection was rejected by the Executing Court and a specific direction was given for compliance of the High Court's order in Writ Petition No. 23654 of 1991 vide order dated 17.11.2007. This order stood confirmed in S.C.C. Revision No. 72 of 2007 and the interim order was vacated.;